Vancouver is scheduled to host the 2025 International Convention of Alcoholics Anonymous from July 3–6. It’s a good idea to begin planning your vacation to Canada as soon as possible if you’re considering going but have had previous legal troubles.
The occasion commemorates the 90th anniversary of A.A.’s establishment in 1935. This is the long-awaited return of the conference, which is held every five years. It was last planned for 2020 but was canceled because of the pandemic. Meetings, workshops, dances, and activities to promote sobriety globally will all be part of the 2025 conference.
Here are some things you should know in advance if you or someone you know wants to go.
Denied Entry to Canada Due to a DUI – Understanding the Impact of Past Offenses on Canadian Immigration
If you have a history of a DUI conviction, arrest, outstanding warrant, or even a pending DUI charge, you may face entry restrictions when trying to enter Canada. Canada now classifies DUI as a serious criminal offense, which can make individuals inadmissible, potentially leading to visa or eTA denial or refusal at the border.
Other alcohol-related criminal offenses can also create entry issues. For instance, if you have multiple summary offenses (akin to misdemeanors in the U.S.), such as public intoxication, indecent exposure, or causing disturbances, you may also be deemed inadmissible.
Inadmissibility doesn’t always require a conviction—if you’ve been arrested or are awaiting charges or a final verdict, you could still be barred from entering Canada.
Interpreting Canadian Regulations on Entry with a Past DUI Conviction
Canadian authorities evaluate international offenses by figuring out their Canadian equivalents for immigration purposes. Comparing foreign laws to the Canadian Criminal Code and other federal statutes is part of this procedure. Canada increased the maximum penalty for a DUI conviction from five to ten years in jail on December 18, 2018, enacting harsher laws against intoxicated driving.
Therefore, you may be deemed inadmissible owing to serious criminality if you committed a DUI crime outside of Canada on or after December 18, 2018.
Seeking advice from an immigration lawyer could be beneficial if you’re not familiar with Canadian rules or are unclear about how foreign laws relate to Canadian norms.
It is possible to overcome inadmissibility and be allowed entry into Canada
If you have a past criminal conviction, particularly for a DUI, Canada offers different options to overcome criminal inadmissibility. Your eligibility depends on the type, number, and recency of offences.
Temporary Resident Permit (TRP)
If you’re deemed inadmissible to Canada but have a pressing reason to visit, you may be eligible to apply for a Temporary Resident Permit (TRP). This permit temporarily allows entry by waiving certain inadmissibility factors. To qualify, you’ll need to convince an immigration or border official that your reasons for entering Canada outweigh any potential health or security concerns you might pose. Since the final decision rests with the immigration officer, it’s crucial to submit a strong, well-justified application.
A TRP offers only short-term access, usually aligning with the duration of your planned visit. In some cases, if a strong justification is provided, a TRP may be valid for up to three years. Most applicants need to apply for a TRP through the visa application center in their home country. However, U.S. citizens and some other visa-exempt travelers may apply at the border when entering by land, though this approach carries some risk since approval depends entirely on the officer’s discretion. Preparing well in advance is advisable, particularly if you’re planning to attend important events like the 2025 A.A. International Convention. TRP processing times aren’t publicly available but can exceed six months.
Criminal Rehabilitation
If you completed a DUI sentence at least five years ago, you may be eligible to apply for criminal rehabilitation, which offers a permanent solution to criminal inadmissibility. Unlike the TRP, which is temporary, criminal rehabilitation ensures you are no longer considered inadmissible to Canada—assuming your record remains the same.
To qualify for criminal rehabilitation, you’ll need to show that you are not likely to engage in future criminal behavior. If it has been less than five years since you completed your sentence, you won’t yet be eligible for rehabilitation and should instead consider applying for a TRP.
The application for criminal rehabilitation requires an immigration officer to evaluate your documents before issuing a decision, which can take six months to a year or longer. Processing times for criminal rehabilitation are not specified by the government. Starting your application early can help ensure your entry into Canada goes smoothly if you are eligible.
Criminal rehabilitation applications cannot be submitted at the border; they must go through the appropriate visa application center in your region.
Deemed Rehabilitation
If it has been over 10 years since you completed a DUI sentence and you have only one minor conviction on your record, you may be deemed rehabilitated. With deemed rehabilitation, you are automatically considered rehabilitated for the offense, and no application is required to enter Canada.
If you’re uncertain about your eligibility for deemed rehabilitation, it’s wise to consult an immigration lawyer well ahead of time. An immigration lawyer can create a legal opinion letter on your behalf, confirming your status as deemed rehabilitated.
Please note that if you have multiple minor convictions or if your DUI offense was after December 2018, deemed rehabilitation is not available. In these situations, you’ll need to apply for a TRP or criminal rehabilitation instead.
Legal opinion letter
Apart from deemed rehabilitation, there are other scenarios where a DUI or similar offense may not result in inadmissibility to Canada. This includes cases where your DUI was expunged, or if you underwent and successfully completed a ‘withheld’ or ‘deferred’ adjudication process.
In such instances, consulting an immigration lawyer is recommended. They can prepare a legal opinion letter, presenting reasons why you should not be treated as inadmissible to Canada due to your criminal record.